(1) In this Part: Australian Qualifications Framework means the Australian Qualifications Framework developed under instructions from the Ministerial Council on Education, Employment, Training and Youth Affairs.former authority (fumigation permit) means a fumigation permit in force under theimmediately before its repeal. Occupational Health and Safety (Pest Control) Regulation 1988 former authority (pest control operator’s licence) means a pest control operator’s licence in force under theimmediately before its repeal. Occupational Health and Safety (Pest Control) Regulation 1988 fumigant has the same meaning as in clause 265 of the. Occupational Health and Safety Regulation 2001 prescribed qualification means a qualification with respect to the use of pesticides that is granted to a person by a registered training organisation:
(a) in accordance with the Australian Qualifications Framework, and (b) in recognition of the person’s satisfactory achievement of specified units of competency or parts of units of competency (being units of competency, or parts of units of competency, that, at the time the prescribed qualification is issued, are approved by the Environment Protection Authority under clause 8). registered training organisation has the same meaning as in the. Vocational Education and Training Act 2005
(1) A person must not use a pesticide in any of the following circumstances unless he or she holds a prescribed qualification:
(a) in the course of acting as, or for or on behalf of, the landlord of any premises, (b) in the course of acting for or on behalf of a public authority, (c) in the course of carrying out pest control operations on a golf course, sporting field or bowling green, (d) in connection with any agricultural operations (including farming, horticultural or aquacultural operations) or forestry operations, (e) in the course of carrying on, or working in, a business, educational institution or hospital (whether as principal, contractor or employee, and regardless of whether, in the case of a business, the use of pesticides is a purpose of the business concerned). Maximum penalty: 200 penalty units.
(1) It is a defence in any proceedings against a person for an offence under clause 7A (1) (d) if the person establishes, in connection with the agricultural operations or forestry operations concerned:
(a) that the person used the pesticide under the direct supervision of the holder of a relevant qualification, and (b) that the holder of the relevant qualification:
(i) selected the pesticide as the pesticide to be used, and (ii) prepared the pesticide for use, and (iii) tested and calibrated the equipment used to apply the pesticide before it was so used, and (iv) instructed the person in how to apply the pesticide, and (c) that the person applied the pesticide by hand-held and hand-powered equipment, and (d) that the person applied pesticide in connection with the agricultural operations or forestry operations concerned on no more than 12 days in the previous 12 months and on no more than 4 days in the previous month.
(1) The Environment Protection Authority may from time to time approve of units of competency, or parts of units of competency, for the purposes of the definition of prescribed qualification in clause 7.(2) The Authority may only approve of units of competency, or parts of units of competency, if the units of competency are specified in a current Training Package endorsed by the National Training Framework Committee of the Australian National Training Authority (being an Authority established under the of the Commonwealth). Australian National Training Authority Act 1992
(1) A person who holds:
(a) a certificate of completion under the ChemCert (NSW) Ltd Farm Chemical User Training Program (also known as the Farmcare Australia Farm Chemical User Training Program), or (b) a statement of attainment on completion of the SMARTtrain Chemical Application Course, the SMARTtrain Managing Chemical Use Course or the SMARTtrain Chemical Risk Management Course, that is current immediately before 1 September 2003 is taken to hold a prescribed qualification for the purposes of this Part until the expiration of 5 years from the date of issue of the certificate or statement of attainment, as the case may be (unless sooner cancelled or revoked).
(1) For the purposes of paragraph (b) of the definition of agricultural produce in section 63 of the Act the following are prescribed as agricultural produce:
(a) any produce of a kind referred to in Schedule 1 or 2 to Standard 1.4.2 of the Food Standards Code and any vegetation from which produce of a kind so referred to is obtained, (b) any produce, other than produce referred to in paragraph (a), of a kind referred to in the second column of Table 1 or 4 of the MRL Standard and any vegetation from which produce of a kind so referred to is obtained.
(1) A person must make (or cause to be made) a record, in accordance with clause 11D, that relates to each occasion on which the person uses a pesticide:
(a) in the course of carrying on a business involving the use of pesticides (regardless of whether that use is the primary purpose of the business concerned), or (b) while acting in the capacity as, or while carrying out pest control operations for, the landlord of the premises on which the pesticide is used, or (c) while carrying out pest control operations for or on behalf of a public authority, or (d) while carrying out pest control operations on a golf course or bowling green. Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual. (2) Subclause (1) does not apply in relation to the use of a pesticide that:
(a) is ordinarily used for domestic purposes (including home gardening), and (b) is widely available to the general public at retail outlets (for example, at supermarkets), and (c) is being applied by hand or hand-held applicator, and (d) is being used in a quantity that:
(i) in the case of outdoor use—is appropriate for outdoor domestic purposes (so long as it does not exceed 20 litres or 20 kilograms of “ready-to-use” product or 5 litres or 5 kilograms of concentrated product), or (ii) in the case of indoor use—is appropriate for indoor domestic purposes (so long as it does not exceed 5 litres or 5 kilograms of “ready-to-use” product or 1 litre or 1 kilogram of concentrated product).
(1) This clause applies to persons who use pesticides in connection with any agricultural, farming or forestry operations.
(1) A person who is required to make a record under clause 11B (1) (a) or (b) must keep the record for a period of not less than 3 years after the date on which the record was made. Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.
(1) A public authority must not use any pesticide in a prescribed public place that is owned by or is under the control of the public authority, or allow any person to use any pesticide in a prescribed public place that is owned by or is under the control of the public authority, unless the public authority has first:
(a) prepared, finalised and notified the Environment Protection Authority of a pesticide use notification plan in accordance with this Division, and (b) given public notice of the proposed use of pesticide in accordance with that plan. Maximum penalty:
(a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units.
(1) A pesticide use notification plan for a public authority must set out how and when the public authority will give public notice of the proposed use of pesticides in any prescribed public places.
(1) A public authority that has prepared a draft pesticide use notification plan must publish a notice, in accordance with this clause, advising that the plan has been prepared. (2) The notice must be published:
(a) in the case of a public authority that operates throughout the State—in at least one newspaper circulating generally in the State, and (b) in the case of a public authority that operates only in a particular local area or local areas—in at least one newspaper circulating generally in that local area or those local areas, and (c) in the case of a public authority that is a local council—in at least one newspaper circulating generally in the local government area of that council.
(1) A public authority that has prepared a final pesticide use notification plan in accordance with this Division must, as soon as practicable after the finalisation of the plan, give notice of the plan in accordance with this clause.
(1) A person who engages a pest management technician to use pesticides in any common area of a residential complex must give each resident of the residential complex prior notice, in accordance with this clause, of the use by the pest management technician of a pesticide in any common area of the complex or must ensure that an agent of the person gives such notice. Maximum penalty:
(a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units. (2) At least 5 working days’ notice must be given of the proposed use.
(1) A pest management technician who uses pesticide in the common area of a residential complex must post a notice, in accordance with this clause, on the day on which (or on the first day of any unbroken period during which) the pesticide is to be used. Maximum penalty:
(a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units.
(1) A pest management technician must give notice in accordance with this Division, before spraying a pesticide outdoors, or injecting a pesticide into the ground outdoors, within 20 metres of any common boundary between the land on which the pesticide is to be used and a sensitive place. Maximum penalty:
(a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units.
(1) A pest management technician must give notice to the principal, director, manager or other person having the care, control or management of a sensitive place at least 5 working days before the proposed use of a pesticide. (2) The notice must be given in person or by post, facsimile transmission, email or telephone or by placing a written notice in the person’s letter box.
(Clauses 13 and 14)
(Cll 5, 6) 1 The Environment Protection Authority is responsible for conducting examinations.